# Kalliopi Nikolaou v Commission of the European Communities

- Type: Case Law
- Source: General Court
- Identifier: T-259/03
- Date: 2007-09-12
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62003TJ0259
- Canonical: https://overview.legal/posts/593517
- Topics: Liability, Personal Data

## Summary

The General Court (Court of First Instance) ruled on whether the European Commission incurred non-contractual liability under Article 288 EC for OLAF's divulging of personal information during an investigation and its refusal to grant the applicant access to the inquiry file and final report. The Court held that OLAF committed a sufficiently serious breach of Regulations No. 1073/1999 and No. 45/2001 by failing to inform the applicant of her rights and by prematurely disclosing information before the investigation concluded, thereby violating her rights to the protection of personal data and to be heard. The Court awarded only EUR 3,000 in compensation, finding that the breach caused limited non-material damage, and dismissed the remainder of the action.

## Sections (7)

### ¶0

Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Nikolaou v Commission (Case T-259/03) Non-contractual liability – Inquiry of the European Anti-Fraud Office (OLAF) concerning a Member of the Court of Auditors – Divulging of information – Protection of personal information – Access to the inquiry file and to OLAF’s report – Sufficiently serious breach of the rules of law conferring rights on individuals – Causal link – Loss

### ¶1

Non-contractual liability – Conditions – Illegality – Damage – Causal link (Art. 288, second para., EC) (see paras 37-38, 141-142)

### ¶2

Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals – Hearing (Art. 288, second para., EC) (see paras 39-44)

### ¶3

Non-contractual liability – Compensation for damage caused by servants of the Community in the performance of their duties (Art. 288, second para., EC; European Parliament and Council Regulations No 1073/1999, Art. 8(3), and No 45/2001, Arts 2(a) and (b), 3, 4(1) and (5)) (see paras 193-199)

> Applies: gdpr-art-8-par-3-en

### ¶4

Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals (Art. 288, second para., EC; European Parliament and Council Regulations No 1073/1999, Art. 8(3), and No 45/2001, Arts 2, 3, 4(1) and 5(a) and (e)) (see paras 200-216, 230-233)

> Applies: gdpr-art-8-par-3-en

### ¶5

European Anti-Fraud Office (OLAF) – Regulation No 1073/1999 concerning investigations conducted by OLAF (European Parliament and Council Regulation No 1073/1999) (see paras 236-246, 250-251)

### ¶6

Non-contractual liability – Conditions – Damage – Causal link (Art. 288, second para., EC) (see paras 304, 320, 330, 333 Re: ACTION for damages, pursuant to the second paragraph of Article 288 EC, for the loss suffered by the applicant following publication of information concerning an inquiry carried out concerning her by the European Anti-Fraud Office (OLAF) and OLAF’s refusal to grant her access to the inquiry file and to supply her with a copy of its final report. Operative part The Court: 1 Orders the Commission to pay the applicant compensation of EUR 3 000; 2 Dismisses the remainder of the action; 3 Orders the applicant to bear three quarters of her own costs and three quarters of the costs incurred by the Commission, which is to bear a quarter of its own costs and pay a quarter of the costs incurred by the applicant.

## Cited law provisions (1)

### GDPR — gdpr-art-8-par-3-en

Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.

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